I noted Sunday that I did not think the cases of water being delivered were more than 6 or 7 high. A picture of many of the pallets Sunday show them 6 high. But one thing I am happy with is that I do not see how there are a 100 cases or more to a pallet. So the comments by Mr. Rapp on "two pallets" of out dated water do not seem to feed the bulldog? More like his usual when the opportunity shows, tell a lie? So unless that photo was what they call photo shopped, he got caught again? Someone got a deal?
Said I was going to post some on the two court cases slowly, ever so slowly winding their way through the Wood County Court System. First case filed 10/ 27/2015. Several motions and counter motions over a period of months until finally a hearing 12 May 2016.
Second case filed 01/ 19/ 2016. Again after several motions and counter motions over a period of months, the hearing on 12 May 2016. As I had noted several times, I tried to get all three of the Wood County Circuit Judges and the ADA/ City Attorney recused as I did not feel I would be able to get a fair and impartial resolution because of where some of the Judges lived (Vienna); the interface between Mr. Skogstad in his capacity as an ADA appearing before the Judges in that capacity and then as the City of Vienna/ Mr. Rapp Attorney. And the connections between all five of them to include Mr. Rapp? Well, that did not go very well. One Judge finally recused himself after the Judge that sat on the cases got an okay from Charleston. As he was the Judge that Mr. Skogstad apparently appeared before frequently felt there might be a touch of impropriety, turned it over to another one. That Judge had contacted the West Virginia Supreme Court Justice for the area I think? Have not been able to find out from the Circuit Clerks Office for Wood County who that supposedly was at the time or from the WVSC office either? Seems to be a well kept secret on who covers this area? In any case it was decided that the local Judge thought he could be impartial on the cases? The third Judge is still in limbo on the issue. I guess simply put the Judge with the case would NOT recuse himself until one of the others got the okay to be on the cases. Just follow the bouncing ball folks.
No matter, the cases went the way I expected; the rational was however very interesting. As I had made mention of before, I had every intention to file an appeal with the WVSC in the hopes of finally getting to a Federal Court for a resolution. When speaking to a Judiciary Candidate in April, I had said I thought I would have to get to a Federal Court? The person looked me straight in the eye and said "you will". I thought "oh crap" and subsequently my worst fears were confirmed.
As I have looked at the steps to file an appeal with the WVSC, it became obvious that the system was set up to discourage and hinder what I am called as a "per se" wherein I represent myself. It is to me a lot of gobbledy gook that is hard to follow and understand. This is no accident. As I have noted time and time again, the Law in any State Branch is set up to protect the Government Entity against the very people the Executive, Legislative and Judicial Branches are alleged to represent? The common folks.
I have stated before that none of the numerous Atty's., I have contacted will take a FOIA case. Why? I think it is not to rock the boat with later chances at Government work with the entities be they City, County or State. One should not be biting the hand they hope may feed them?
But there are some who will advise as long as they do not have to get actively involved. I have been lucky to contact a couple who have given me advice on how to proceed at different times. One of them told me to request transcripts of the cases for the appeal(s) while waiting for the Judge to enter the decision into the record. I did note and was advised that the date the Judge sends the decision to me is NOT the date when the clock starts running on the appeal timeframe which is spectacularly short. What is for the money is when the decision is entered into the Circuit Court Clerks record and could be days or weeks before a person planning to do an appeal ever receives the decision. Ah ha thought I; another nifty step to protect some against the desire for any real justice?
It seems that when I requested the Transcripts some four weeks later, it triggered a review by the Judge that showed that Mr. Skogstand had never entered an "order" for the 12 May Hearing? This being a month after the Hearing was held ( 13 June 2016). More on this in a moment. The Judge gave a suspense date of 24 June to do so. On the 30th, the Judge noted he had both "order" requests. But there was no indication that I as the Plaintiff had received the required copy(ies)? This step appears to be also pretty standard, so no secrets here. The Judge then gave Mr. Skogstad a suspense date of 12 July to comply with that step. Yet, here I am as of the 24th of July and none of the above to me.
I noted above I would come back to the Order and copy of same to me per the Preparation and Submission of Orders under Rule 24.01. It requires the providing counsel to do this within 11 days of so being directed by the Judicial Officer. Ergo the dates of the 13th and the 24th of June and the 30th of June and the suspense of the 12th of July, 2016. As noted nothing has been done. So on the 18th, I requested per the Rule 24.01 that the Judge make the decision. And as of the mail for the 23rd of July, I had received nothing from Mr. Skogstad.
Now allow me these observations as a layman. No legal training or experience; just a guy trying to get an Elected/ Appointed Official to do his/their jobs per West Virginia State Law.
1. In a Criminal case, people can take the "5th" in that they do not wish to incriminate themselves. A
perfectly legal step but makes the person look guilty by not answering questions on an issue.
In a Civil case which both of mine are, it leaves me with the question: are the Defendants and their Attorney delaying obeying the Law to not have to allow the case to go forward knowing the higher it goes, the more likely guilt would be established? This appears to me to be nothing more than a Civil Case comparative of the "5th"?
2. Is the Attorney intentionally pushing the clock to try and get this PAST the upcoming Election so Mr. Rapp does not have a "guilty" decision on him for refusing to obey the Freedom of Information Act Law not only in the two above cases but as an aside numerous others in the past 3 1/2 years?
A not very well done attempt to conceal the Truth from the Residents/ Voters of Vienna on his real performance as Mayor? Is looking more and more to me like a Civil comparative to taking the "5th"? I have nothing but delay after delay? Is the Protocol on Preparation and Submission of Orders like so many Laws just being ignored/ rewritten to suit whom?
Mr. Skogstad is allegedly a highly educated and experienced member of the West Virginia Bar? It is my additional question but what he should have known better from the start? But his performance since day one has been suspicious to be kind?
A notice of a hearing was in my belief intentionally misspent to me in what I have alleged to the Judge nothing more than an attempt to make me miss a hearing where I would have been found in default by failing to appear?
When I complained to the Judge once I found out what had happened and asked the Judge to take the appropriate steps against Mr. Skogstad, instead the Judge called him up and seemingly gave him an alert on my complaint against him? Once found out, Mr. Skogstad's actions were to call my home and speak to my wife with what I am a bit suspicious was nothing more than a way to cover his being caught? An "aw' shucks" does not feed the bulldog in important matters; correct actions do.
I have alleged for some years that Mr. Skogstad is not just an ADA/ City Attorney, but functioning in the capacity of Mr. Rapp's personal Defense Attorney against the People of Vienna who pay both their salaries?
Now I am going to post this at the usual time of 4:00 A.M. This on the 25th of July 2016. Why am I making an issue of the date and time. Because if and I repeat IF something comes in the mail, it will be after 1:00 P.M. up too as late as 4:00 PM., and no one can say I did this after getting something before it posted. I have every intention to go to Federal Court if necessary? This is NOT just about me, it is about the way the Laws are obeyed by many Elected/ Appointed Employees. The " I am above the Law" mentality that is far too frequent not just in Vienna, but what I see at all levels.
You the Residents/ Voters of Vienna read, think and talk to your friends, neighbors and families on what is going on and why it may be happening? As your Mayor, the Laws will be respected and obeyed within the City Administration. And that by example (called role models), the Residents will also be encouraged to respect and obey the Laws?
If you folks are happy with the benevolent Dictatorship we currently have, than vote for Mr. Rapp or Mr. Azinger the Elder. Nothing will change. Vote for me and you will get improvements. 'nuff said'.
(Paid for by the Candidate- Lawrence J. Wilson for Mayor of Vienna).